Praparada Pechthong. Legal protection measures for whistleblowers reporting on corruption in Thailand. Doctoral Degree(Criminology, Justice Administration and Society). Mahidol University. Mahidol University Library and Knowledge Center. : Mahidol University, 2016.
Legal protection measures for whistleblowers reporting on corruption in Thailand
Abstract:
This mixed methods study explored the legal process and procedures for protecting whistleblowers reporting corruption in Thailand, Documentary Research (DR) and Delphi technique were used, where (DR) focused on the comparative studies between Thailand Acts and Regulations of the United Nations Convention against Corruption - UNCAC, 2003. The direction on whistleblowing protection measures of Transparency International (TI) and relevant International laws in the preparation of the Thai protection measures were also considered especially where they coincided with the international laws. The Delphi Technique was applied in conducting the feasible study on implementing policies. Data were collected from a group of executives and experts through interviews. The derived data were subjected to statistical analysis to find the Median and Interquartile Range for measuring sample opinions on policy implementation. The findings suggested that whistleblowing protection measures should be based on international laws, which extended to the definition of who a whistleblower on corruption is, whistleblowing on corruption, whereas protection measures related to life safety protection for individual, family and close acquaintances, compensation and confidentiality in protecting the identity of the whistleblower and family including the closure of close acquaintance address, information on corruption with effective protection procedures, release from legal obligation protection from retaliation of the witness in the case. Rewarding measures should comprise praise and acknowledgement certificate, promotion and the prize money. At present, the Anti-corruption Act B.E. 2542 as amended and the Public Sector Anti-corruption Act B.E. 2551 as amended, including the Whistleblower Protection Act B.E. 2546 and relevant regulations are the main Acts followed in Thailand, however, these Acts should be amended further for more sufficient protection as recommended in this research. The Office of the National Anti-Corruption Commission (NACC), the Office of Public Sector Anti-Corruption Commission (PACC) and Rights and Liberty Protection Department, Ministry of Justice should oversee the operation as well as collaborate with the other relevant agencies to amend and improve the whistleblowing channels as well as keeping the whistleblower's confidential. The special protection unit, separate from the regular protection, should be established. Allocating enough manpower, budget and resources for the operation, including arranging to inform the public on protection and the campaign to increase public awareness should be instituted for combating corruption. The public should be encouraged to take part in auditing the nation's budget and guarding the nation's benefit of whistleblowing. In addition, the detailed record on whistleblowers of corruption must be kept and separated from the witness protection record. Finally, a comparison study with the country issuing specific laws to protect whistleblowers in order to find advantages and disadvantages, problems and setbacks in this operation should be conducted.